Criminal Defense Lawyers

What to Do After a Car Accident: Step-by-Step Guide

What to Do After a Car Accident: Step-by-Step Guide

Being in a car accident is scary as hell; it can leave you shaken up, confused about what to do next, and unsure of your rights. As car accident lawyers in NYC, we see this all the time – people make mistakes after an accident because they‘re in shock.That’s why I‘m going to lay out a simple step-by-step guide on exactly what to do if you‘re ever in a car crash. Follow these steps and you’ll protect yourself legally and get maximum compensation if the other driver was at fault.

Step 1: Stay Calm and Remain at the Scene

I know, I know – easier said than done when your adrenaline is pumping after a collision. But it’s crucial you stay composed and don’t flee the scene, like this guy who left after a fender bender and got charged with a crime.Take some deep breaths. Remaining calm will help you think clearly and avoid doing anything rash that could jeopardize your case later on.

Step 2: Move to a Safe Area if Possible

If your car is drivable and the accident wasn’t too serious, safely pull over to the side of the road or a parking lot. Put your hazard lights on and set up road flares or warning triangles behind your vehicle.However, if the accident is blocking traffic or anyone is injured, leave your car where it is and wait for police and EMTs to arrive. Your safety is the #1 priority.

Step 3: Call 911

Always notify the police after ANY accident, no matter how minor it may seem. They will create an official accident report which becomes crucial evidence if there are any disputes over who was at fault later.When talking to the 911 operator, provide:

• Your exact location
• Whether anyone is injured
• Description of the vehicles involved

The operator will then send police to the scene and ambulances if needed. Once officers arrive, remain polite and never admit fault – let them determine who caused the accident based on evidence.

Step 4: Gather Evidence at the Scene

While waiting for police, there are several things you should document with your smartphone:

• Photos/videos of vehicle damage from multiple angles
• Photos/videos of the entire accident scene including road conditions, traffic signals, etc.
• Witness statements and contact info from anyone who saw the accident happen
• The other driver’s license plate, make/model of their vehicle, and insurance details

All of this evidence will help your car accident lawyer build a strong case if the other driver tries to blame you or lowball their settlement offer. Speaking of which…

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Step 5: Avoid Discussing Fault

When the other driver approaches you, do not apologize or admit any fault whatsoever. Saying “I’m sorry” can be used against you as an admission of guilt, even if you didn’t cause the crash.Politely exchange just the basic info required by law:

• Full name and contact details
• Vehicle info (make, model, license plate, etc.)
• Insurance provider and policy number

Avoid discussing any other details about the accident – let your lawyer handle that later. If the other driver tries to get you to admit fault, simply say “I’d prefer not to discuss the details until the police report is filed.”

Step 6: Seek Medical Attention ASAP

Even if you feel fine and didn’t sustain any visible injuries, go get checked out by a doctor ASAP. Symptoms of injuries like whiplash, concussions, and internal bleeding don‘t always show up right away.If you wait to get treated, the insurance company can argue your injuries weren’t caused by the accident – making it harder to get compensation for medical bills. Your health should be the top priority after a crash.

Step 7: Collect Repair Estimates

Once you’ve been cleared by a doctor, take your vehicle to a few different auto repair shops to get estimates on fixing the damage. Get these estimates in writing and keep copies – they‘ll determine how much you‘re owed for repairs or replacement costs.Don’t feel obligated to go with the cheapest estimate either. Pick a repair shop you know and trust to do quality work. The insurance company has to pay the “prevailing rate” in your area, not just the cheapest option.

Step 8: Report the Accident to DMV and Insurers

In New York, you’re legally required to report any accident over $1,000 in damage to the DMV within 10 days using the MV-104 form. This creates an official record of the incident.You’ll also need to promptly notify both your own insurance company and the other driver’s insurer to begin the claims process. When you call, provide:

• Basic details about the accident
• The police report number
• Your policy number
• Contact info for the other driver

Your insurer will assign a claims adjuster to investigate. Don’t give a recorded statement yet – let your lawyer advise you first to avoid saying anything that could reduce your compensation.

Step 9: Consult a Car Accident Lawyer

This is arguably the most important step. Having an experienced car accident attorney on your side immediately after a crash is crucial for protecting your rights and getting maximum compensation.Why? Because insurance companies are not on your side – they’re billion-dollar businesses trying to pay you as little as possible. Their adjusters will look for any reason to minimize your claim, including:

• Arguing you violated policy terms
• Claiming your injuries weren’t from the accident
• Blaming you for the accident to avoid paying
• Pressuring you to accept a lowball settlement quickly

A skilled lawyer will fight back against these tactics and make sure you get fairly compensated for ALL damages, including:

• Medical bills
• Lost wages
• Vehicle repairs
• Rental car costs
• Pain and suffering

Your lawyer will also deal with the insurance headaches so you can focus on recovering from injuries. Most reputable firms offer free initial consultations, so take advantage!

Step 10: Understand Your Rights

Finally, it‘s important to know your legal rights after a car accident in New York. Some key things to keep in mind:

• You have a limited time to file a lawsuit – generally 3 years from the accident date, so don’t delay
• NY is a “no-fault” state for insurance – meaning your own insurer pays for basic damages regardless of fault
• But you can still sue for serious injuries over the no-fault threshold, like permanent disabilities
• Contributory negligence reduces awards – if you were partially at fault, your compensation is reduced accordingly
• Damage caps limit some compensation – NY has limits on payouts for things like pain and suffering

A good car accident attorney will ensure you meet all requirements and deadlines while maximizing your settlement or court award. Don‘t try to navigate this legal minefield alone!

Key Takeaways

To recap, here are the 10 essential steps to take after any car accident in New York:

1. Remain calm and don’t leave the scene
2. Move vehicles to safety if possible
3. Call 911 to report the accident
4. Gather evidence like photos/videos and witness statements
5. Avoid admitting any fault when speaking to the other driver
6. Seek medical attention immediately, even if you feel fine
7. Get repair estimates for vehicle damage in writing
8. Promptly report the accident to DMV and insurance companies
9. Consult an experienced car accident lawyer ASAP
10. Understand your legal rights and compensation you may be owed

By following this checklist, you’ll be in the best position to get the insurance payout or court award you deserve. Don’t let the insurance company take advantage of you – our NYC car accident lawyers will fight to get you every penny.